1. ' Mr. Qurban Ali Malano files power on behalf of applicant which is taken on record. F.I.R. No,42/2009 was registered at Police Station Ubaro District Ghotki on 28-1-2009 for an incident alleged to have occurred on 27-1-2009. It was stated in the F.I.R. That one month prior to date of F.I.R. There occurred murder of a person of Sardar Aslam Khan Solangi side. It was alleged that on 27-1-2009 while the complainant, his brother, his cousin,.His wife, his daughter, his minor son and maternal-uncle were present in house at 5-00 p.m. a group of 37 persons entered the house. Some of them were armed with G-3 rifle while others were armed with Kalashnikov. It was stated in the complaint that Sardar Akram Khan Solangi instigated the others and asked them to murder the family members. It was alleged that Akram Khan made straight fire which hit minor child who expired. It was further alleged that 4 other persons fired upon brother of the ,complainant, another person fired at cousin of the complainant which cousin expired as a result thereof, another person fired on wife of the complainant and another person fired on the daughter of the complainant, both ladies were consequently injured. It was further stated in the complaint all the accused caused blows to maternal-uncle of the complainant. Thereafter Akram Khan entered the house and looted valuables and cash. The complainant stated that he showed Holy Qur'an to Aslam Khan who snatched ii from him and threw it in a field which had crop of sugar cane which crop later on set on fire. It was further stated that the accused party put the dead bodies of brother and cousin of the complainant and also abducted maternal-uncle of the complainant on a tractor. Later on it transpired that dead bodies were thrown by the side of road and maternal-uncle of the complainant was able to escape.
2. ' After registration of the F.I.R. Bail application was dismissed by the Judge Anti-Terrorism Court Sukkur vide order, dated 29-8-2009 for the following reasons:-- ' Having heard the arguments and perusal of record, it appears that applicant have not only been nominated as accused in the F.I.R. But simultaneously as per F.I.R. He has been attributed the role in the commission of offence. So far the point of plea of alibi is concerned, it may be pointed out that point in respect of plea of alibi is the point to be decided at the time of trial, as if it is decided at this stage, it would amount a deeper appreciation which is not advisable at bail stage. Under these circumstances I do not find merit in this application which is dismissed accordingly.
3. ' Learned counsel for applicant submits that admittedly there is previous enmity between the parties. He further submits that no specific allegations have been levelled against applicant and no role has been assigned to him. He further submits that it is neither alleged for applicant that he made fire on any person nor it alleged that applicant put field of sugar cane on fire and snatched the Holy Qur'an. He further submits that challan has been submitted and charge has not yet been framed. He relied upon case-law reported in 1999 SCM R 1320 Attaullah and 3 others v. The State and another, he also relied on case-law reported in 1999 SCM R 1360 Faraz Akram v. The State.
4. ' Learned D.P.-G. Submitted that it is a case of brutal murder in which three persons and child have been mercilessly butchered. He further submitted that accused persons snatched the Holy Qur'an and threw the Holy Qur'an in field of sugar cane and thereafter burn of the crop has been alleged.
5. He further submitted that empties of G-3 rifle and K. Kovs have been recovered. He submitted that the applicant is clearly named in the F.I.R. And considering heinousness of the crime he is not entitled to the concession of bail.
6. ' We have considered the submissions made by the learned counsel for the applicant and have also gone through the record and case-law cited by learned counsel. In Attaullah's case the petitioners were allowed bail by the Additional Sessions Judge which order was set-aside and bail was cancelled by the Supreme Court and the Honourable Supreme Court observed as under:- "After hearing the learned counsel for the parties and reading the record with their assistance, we hold the view that the petitioners have rightly and correctly been admitted to bail by the learned trial Court inasmuch as no injuries have allegedly been caused by them to the deceased. Be that as it may, we are inclined to restore the above noted order passed by the Additional Sessions Judge, whereby the petitioners have been admitted to bail. The petitioners shall, nevertheless, submit fresh bail bonds in the sum of Rs,2,00,000 (Rupees two lac) with two sureties each in the like amount to the satisfaction of trial Judge.
7. ' In Faraz Akram's case the brief facts were that he, practising Advocate, lodged an F.I.R. Stating therein that his younger brother was standing outside his house along with his friend Hyder Shah when two per as passed that way in a motor car glaring music at high volume. Deceased asked them to drive slowly and to play the music at a low volume. Upon this they went away. After some time they returned and aimed their weapon upon the complainant and his brother and as a result of that firing brother of the complainant died. The Supreme Court held that since no overt act had been ascribed to the petitioner save for ineffective firing which was also disproved, because no empty was recovered and another accused stated to have attributed the fatal below. Bail application was granted by the Supreme Court.
8. In the present case there is no word whatsoever in the F.I.R. That accused fired at deceased or injured persons. There is no word that the accused stole anything from the house. There is no word that the accused snatched the Holy Qur'an or threw it in field of Sugar cane, even there is no word that the accused abducted maternal-uncle of the complainant. Therefore the case of Attaullah is fully applicable to the case of present applicant. Consequently this bail application is allowed and the applicant is admitted to bail in the sum of Rs,3,00,000 with PR bond in the like amount to the satisfaction of trial Court.
9. ' Needless to say, the observations made in this order are of a tentative nature and only for purposes of this bail application. Nothing herein shall affect the determination of the facts at the trial or influence the trial Court in reaching its decision on merits of the case.